Arbitration in England and Wales and the European Convention on Human Rights should arbitrators be frightened?
Altaras, David
Arbitration in England and Wales and the European Convention on Human Rights should arbitrators be frightened? - 2007 - Arbitration 73(3) August 2007, 262-268(7) .
Considers the applicability of the European Convention on Human Rights (ECHR) and the Human Rights Act 1998 to arbitration. Notes that two sections of the 1998 Act are of key importance to arbitrators; s6 and s3. Provides an interpretation of the ECHR Art 6, discusses waiving Art 6 rights when parties enter into an arbitration agreement, and looks at Art 6 and the Arbitration Act 1996. Also examines the scope of the ECHR Art 1 in relation to arbitration. Concludes that arbitrators should not be wary of the ECHR, as they already strive to comply with the basic principles of fairness and impartiality. Case law.
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 1
HUMAN RIGHTS ACT 1998 S6
HUMAN RIGHTS ACT 1998 S3
ARBITRATION ACT 1996
England and Wales--1543-
Arbitration in England and Wales and the European Convention on Human Rights should arbitrators be frightened? - 2007 - Arbitration 73(3) August 2007, 262-268(7) .
Considers the applicability of the European Convention on Human Rights (ECHR) and the Human Rights Act 1998 to arbitration. Notes that two sections of the 1998 Act are of key importance to arbitrators; s6 and s3. Provides an interpretation of the ECHR Art 6, discusses waiving Art 6 rights when parties enter into an arbitration agreement, and looks at Art 6 and the Arbitration Act 1996. Also examines the scope of the ECHR Art 1 in relation to arbitration. Concludes that arbitrators should not be wary of the ECHR, as they already strive to comply with the basic principles of fairness and impartiality. Case law.
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 1
HUMAN RIGHTS ACT 1998 S6
HUMAN RIGHTS ACT 1998 S3
ARBITRATION ACT 1996
England and Wales--1543-